Surendra Paswan Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

Surendra Paswan Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of as withdrawn with liberty to file a representation before respondent no.3 (Sub-Divisional Officer, Paliganj, Patna); respondent directed to dispose of any such representation within two months of filing; no adjudication on merits.

Issue for consideration

Whether the petitioner, continuously working as peon (IV grade) in the office of the Sub-Divisional Officer, Paliganj, Patna, is entitled to a direction for payment of equal pay for equal work with effect from 30.3.2001 to 24.01.2008 onwards, with interest. +2 more

Ratio / Principle

After some arguments, learned counsel for the petitioner was permitted to withdraw the application to file a representation before the Sub-Divisional Officer, Paliganj, Patna (respondent no.3) for the grievances raised, and the application is disposed of as withdrawn with that liberty.

Key takeaways

If such a representation is filed, the respondent concerned shall dispose of the same within a period of two months from the date of its filing.ratio¶23
The Court has not entered into the merits of the petitioner's case; the merits are to be decided by the respondent concerned.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J.), Civil Writ Jurisdiction Case No.1279 of 2017, Surendra Paswan v. The State of Bihar & Others, decided 06-01-2026. The writ petition by a peon (Class IV), allegedly working on daily wages since 1999 in the office of the Sub-Divisional Officer, Paliganj, Patna, sought (i) equal pay for equal work from 30.3.2001 to 24.01.2008 onwards with interest, (ii) regularization of service, and (iii) reinstatement after alleged restraint from functioning by respondent no.3 SDO without reason or notice. After some arguments, counsel sought leave to withdraw the application to file a representation before the SDO, Paliganj. The Court disposed of the application as withdrawn with that liberty, directed the respondent concerned to dispose of any such representation within two months of its filing, and expressly clarified that it had not entered into the merits, which remain for decision by the respondent concerned. No statute or precedent was considered.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1279 of 2017

======================================================

Surendra Paswan S/o Late Chandra Paswan, R/o Alipur, P.S.-Dulhin Bazar, District-patna

... ... Petitioner/s

Versus

The State Of Bihar

The District Magistrate, Patna.

The Sub-Divisional Officer, Paliganj, Patna

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Abdus Shakoor For the Respondent/s : Mr.S.S Prasad -Sc8

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

6 06-01-2026

The petitioner has filed the instant application for

the following reliefs:

“(i) For direction upon the respondents to dues pay of equal pay for equal work to the petitioner with effect from 30.3.2001 to 24.01.2008 on wards with interest which has been continuously working as peon (iv grade) in the office of the Sub-Divisional officer, Paliganj, Patna. (ii) For direction to the respondent to take into consideration the regularization of the service to the petitioner which has been working as peon (IV grade) in the office of Sub- Divisional officer, Paliganj Patna on the basis of daily wages since 1999 year.

(iii) For direction the respondent to reinstate of the petitioner on the post of peon in the office of Sub Divisional Paliganj, Patna in which has

Patna High Court CWJC No.1279 of 2017(6) dt.06-01-2026 2/2

restrained the petitioner from further function in the office by the respondents no.3 S.D.O without any reason and without any notice for the petitioner.

(iv) For issuance of direction for which petition may be entitled in the facts and circumstances of this writ petition.”

After some arguments, learned counsel for the petitioner seeks permission to withdraw this application to file a representation before the Sub-Divisional Officer, Paliganj, Patna (respondent no.3) for the grievances raised in the instant application.

In view of the above, the instant application is disposed of as withdrawn with the aforesaid liberty.

In case, such a representation is filed, the respondent concerned shall dispose of the same within a period of two months from the date of its filing.

It is made clear that the Court has not entered into the merits of the case of the petitioner which is to be decided by the respondent concerned.

(Partha Sarthy, J)

Bibhash/-

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